Kentucky Law Journal Now On Sale
LEXINGTON, Ky. (Oct. 14, 2009) – The fourth book in volume 97 of the Kentucky Law Journal is now available for purchase. Since 1913, the Kentucky Law Journal has published scholarly works of general interest to the legal community and is the 10th oldest law school journal in the country. It is produced by students of the University of Kentucky College of Law under the direction of an 11-person editorial board and with the advice of a faculty member. The Kentucky Law Journal is published quarterly by the College of Law.
Articles and notes featured in volume 97, No. 4 are as follows:
Eugene R. Gaetke: "Lessons in Legal Ethics from Reading About the Life of Lincoln" -- Inspired by his own career as a UK professor of professional responsibility in the College of Law and a leading book written by David Herbert Donald on the life of Lincoln, Gaetke interweaves episodes from Lincoln’s legal career with the American Bar Association’s current rules of professional conduct. Relating those episodes to modern professional standards, Gaetke asserts that a number of Lincoln’s actions as an attorney can be viewed by lawyers today as professionally troubling. Analyzing Lincoln’s conduct further, however, Gaetke concludes that these concerns reflect more about the current regulation of lawyers than they do about Lincoln’s underlying sense of legal ethics. Gaetke ultimately concludes that Lincoln’s honesty, skills, civility, and fair fees justify his continuing reputation as a model of professional lawyering for today’s lawyers.
Daniel Ryan Koslosky: "Ghosts of Horace Gray: Customary International Law as Expectation in Human Rights Litigation" -- This article attempts to examine the nature of customary international law (CIL) as well as the implications of applying it in federal courts. Specifically, it will be demonstrated that CIL is essentially a normative concept of law founded upon generalized expectations of state and individual conduct. Finally, Koslosky turns his attention to the nature of contemporary human rights. The focus will be on human rights abuses in Paraguay during the 1970s, as well as the legality of nuclear deterrence. Koslosky is a senior fellow, Institute for Human Rights, Peace, and Development, at the University of Florida Levin College of Law.
Dean Browning Webb: "Judicially Fusing the Pinkerton Doctrine to RICO Conspiracy Litigation Through the Concept of Mediate Causation" -- The Pinkerton Doctrine is a rule of criminal conspiracy law. Though Pinkerton is associated with and has been invoked in criminal prosecutions, the doctrine has seemingly found its way into civil Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO) conspiracy litigation. This article examines the evolution of the Pinkerton Doctrine, reviews and analyzes particular federal RICO decisions construing Pinkerton, and advances practical arguments supporting its successful invocation in civil RICO conspiracy litigation.
J.R. Skrabanek: "Apparent Authority in Computer Searches: Sidestepping the Fourth Amendment" -- In an era where information storage is increasingly digitized, the computer password is king. Skrabanek argues that some modern courts have improperly allowed computer searches premised upon the third-party consent of another to withstand constitutional scrutiny despite the presence of a password on the user’s computer. Skrabanek advances a legal standard that incorporates the importance of password protection more so than the current standard some courts use. He contends that increased focus on whether a password is present would be more consistent with prior landmark search and seizure cases and would help restore computer users’ privacy in the process.
Jonathan Scott: "The Difficult Road to Compelling Vaccination for Sexually Transmitted Diseases – How Gardasil and Those to Follow will Change the Way that States Require Inoculation" -- The purpose of Scott’s note is to examine how the development of vaccinations for STDs has the potential to influence compelled vaccination. Scott argues that mandated vaccination of a STD may cause the number of religious objectors to rise, causing higher exemption rates and inhibiting the ability of the vaccination to control the spread of the disease. Finally, Scott proposes a nine-step format for assessing all vaccinations and provides a solution to the potential impending STD inoculation crisis.
Kentucky Law Journal subscriptions are available on a volume basis and single issues are now available for purchase. The price of a single subscription is $42 per year or $10.50 per issue. Contact the Kentucky Law Journal at (859) 257-4747 or klj@uky.edu for more information.